TARO DEVI Vs. NANAK CHAND

JUDGEMENT

(1.) THIS revision is directed against the order passed by learned Sub -Judge (C.J.M), Udhampur dated 25.11.1998 in File No.3/Execution .By means of impugned order, application under Order 21, Rule 29 in execution as well as another application, under Order 39 of the Code of Civil Procedure, both have been dismissed.

(2.) WHEN this matter was taken up for final hearing, learned counsel for the petitioners maintained that this revision may be treated as having been filed against the order passed by the trial Court on an application under Order 21, Rule 29 of the code of Civil Procedure against denial of stay of execution levied by the respondents.

(3.) FACTS regarding which learned counsel for the parties were not at variance are that predecessor -in -interest of the petitioners, namely chuni lal purchased undivided  ¼th share of the property in dispute, which consists of two shops in the ground floor and a Chobara in the first floor. This was purchased on 24.02.1987. A suit under the Jammu and Kashmir Houses and Shops Rent Control Act, 1966 came to be filed on 29.08.1987. Eviction of the tenant was claimed from the shop in question on account of default of payment of rent. This was registered as file No. 176/ Civil in the court of Sub -Judge, Udhampur and order of eviction was passed in favour of the plaintiffs, i.e. present respondents as well as in favour of the defendants, i.e. present petitioners. Feeling aggrieved by the said decree of the trial Court, petitioners preferred first appeal in the court of learned District Judge, Udhampur. This was dismissed on 19.08.1998 in file No.21/Appeal. Petitioners were still not satisfied with the said decree of the first appellate Court, as such, they filed Civil Second Appeal No. 17/1998. It was dismissed on 02.09.1998.